Fenwick Elliott Annual Review 2007/2008

We consider the 2007 CDM Regulations which strengthen the duties on all those involved in the design and construction of projects of every size, especially the obligations imposed on clients and employers.

We summarise the recent Government proposals to introduce greater clarity and transparency into the HGCRA.

Julian Critchlow covers the successful result Fenwick Elliott achieved on behalf of its client in Cubitt Building Interiors Ltd v Fleetglade Ltd.

Jon Miller provides a summary of the corporate manslaughter legislation, which became law in July 2007.

On 6 April 2007, a revised Pre-Action Protocol for Construction & Engineering Disputes (the “Protocol”) came into force. We provide an overview of those changes and recent case law.

The use, and in particular the effectiveness, of mediation in construction disputes is usually based upon anecdotal evidence. In order to address this problem, an evidence-based survey commenced on 1 June 2006. Nicholas Gould explains.

2006 saw the launch of the Model Project Mediation Protocol and Agreement which has been prepared by Fenwick Elliott and the Centre for Effective Dispute Resolution. Simon Tolson and Nicholas Gould explain more.

Nicholas Gould gave a talk to the SCL Conference held in Singapore in February 2007 entitled “NEC3: The Construction Contract of the Future?”. In an extract from that talk, he talks about the NEC3 early warning procedure

As Simon Tolson notes, little has been written about the Major Projects Form (“MPF”) which has been with the industry the best part of five years. However, the talk on the grapevine is that the Government’s honeymoon with the NEC family may be about to change. Perhaps it is time to dust off your prep notes on the MPF?

At the beginning of the year, Sweet & Maxwell published Understanding the New FIDIC Red Book: A Clause by Clause Commentary. Jeremy Glover was the co-author alongside Simon Hughes from Keating Chambers. Here Jeremy looks at force majeure under the common law and civil codes and compares the FIDIC form and the NEC3 form.

In the case of Fiona Trust & Holding Corporation & Ors v Privalov & Ors, the Court of Appeal indicated that a new approach needs to be taken by the English courts when considering questions relating to the jurisdiction of arbitration clauses in international commercial contracts.

An overview of the details of Aerospace Publishing Limited and Anr v Thames Water Utilities Limited which dealt with the question of whether a claimant is entitled to recover wasted managerial and staff time.